Judge rules man accused of shooting Bensenville police officer was not insane

The man accused of shooting a Bensenville police officer in 2021 has failed to prove he was insane at the time.

DuPage County Judge Joseph Bugos ruled Tuesday that Tyler “did not meet the burden of proving insanity,” Bugos said.

Tyler is accused of shooting police officer Steven Kotlewski shortly before 1 a.m. Nov. 6, 2021, at the Bensenville apartment where he lived with his mother and younger sister.

Tyler had requested that he be found not guilty by reason of insanity.

The ruling came during a discharge hearing, not a trial. Bugos had three choices: Acquit Tyler, find him not guilty by reason of insanity, or find him “not not guilty” and continue the case.

Tyler’s next court date is Feb. 10, regarding his fitness to stand trial. He is currently unfit.

If he is restored to fitness, Tyler can choose to go to trial or otherwise resolve the case, according to the state’s attorney’s office and the public defender’s office.

The shooting

Tyler’s mother had called the police that night, asking them to remove Tyler from the apartment.

His attorney, assistant public defender Jennifer Maples, argued that Tyler suffered a psychotic break and was living in an alternate reality in which he believed Kotlewski was there to rape Tyler’s mother and younger sister.

Bugos said he gave “significant weight” to evidence that Tyler knew police were coming, because he was standing next to his mother when she made the call. He also said Tyler knew what was likely to happen because his mother had also called the police three weeks earlier to have Tyler removed.

When Kotlewski entered the apartment, he spoke to the mother. The mother called for Tyler to come out of his bedroom. Tyler came out. He and Kotlewski exchanged greetings, then Tyler fired a 9 mm handgun at Kotlewski.

Bugos’ reasoning

Bugos said Tyler went to his bedroom to get his gun before Kotlewski even arrived, belying Tyler’s contention that he thought Kotlewski was an intruder.

He also said none of the psychiatrists who testified said Tyler was insane at the time of the shooting, and noted three of them did not have contact with Tyler until months after the shooting.

In 2023, a court-ordered fitness report said he had cannabis use disorder, cannabis-induced psychosis and unspecified schizophrenia.

Bugos first ruled that prosecutors had proven the charges of attempted murder and aggravated battery “beyond a reasonable doubt.”

The ruling means the case remains open, while Tyler undergoes treatment to restore his mental fitness for trial. Tyler is hospitalized at the Elgin Mental Health Center.

Kotlewski, 40, was shot in the legs, abdomen, chest and an arm. A bullet also lodged in the back of his bullet-resistant vest. He testified that he is still undergoing physical therapy and mental counseling.

He retired on a disability pension.